MUTUAL OF ENUMCLAW INS. CO. v. GASS

CV87-727; CA A50168.

786 P.2d 749 (1990)

100 Or.App. 424

MUTUAL OF ENUMCLAW INSURANCE COMPANY, a Corporation, Respondent, v. Howard S. GASS and Margaret A. Gass, Appellants, Barbara Ann Halladay, Aka Barbara A. Halladay, Formerly Barbara Ann Rand, and John R. Halladay, Jr., Defendants.

Court of Appeals of Oregon.

Decided February 14, 1990.


Attorney(s) appearing for the Case

Gregory P. Lynch, Bend, argued the cause and filed the brief for appellants.

Brant M. Medonich, Pendleton, argued the cause for respondent. With him on the brief was Kottkamp & O'Rourke, Pendleton.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Mutual of Enumclaw Insurance Co. (Enumclaw) brought this declaratory judgment action to determine whether it had a duty to defend a claim or pay the resulting judgment against its insureds, Howard and Margaret Gass, under a Farmers' Comprehensive Personal Liability policy. The Gasses counterclaimed against Enumclaw for $10,000 in expenses incurred in defending the claim and $9,000 paid to satisfy the judgment. The trial court found that Enumclaw had...

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